Spartanburg County Small Claims Court: How to File a Case

Where to File a Small Claim in Spartanburg County

Spartanburg County small claims go through the civil division of the Spartanburg County Magistrate Court. South Carolina doesn't have a standalone small claims court — all monetary civil claims up to $7,500 are handled by magistrate judges under S.C. Code § 22-3-10.

Spartanburg County has multiple magistrate offices serving different parts of the county. The main magistrate court is in the City of Spartanburg (the county seat), with additional offices in other areas of the county. File at the magistrate office serving the district where the defendant lives or where the dispute occurred. The South Carolina Judicial Branch magistrate directory lists all Spartanburg County locations.

Filing Fee, Forms, and What to Bring

The filing fee is $80 and covers filing plus initial service of process. Accepted payment varies by office but typically includes cash, money order, cashier's check, and credit card.

Your filing package:

• Form SCCA/701 (Civil Complaint) — both parties' names and physical addresses, description of the dispute, and the dollar amount claimed
• Magistrate Civil Summons — notifies the defendant of 30 days to respond
• Duplicate copies — original plus one set per defendant, plus your personal copy
• Supporting documents — contracts, invoices, photos, repair estimates — all in duplicate

If suing a business, verify the exact legal name and registered agent through the South Carolina Secretary of State portal. Service to a P.O. box is invalid.

Self-represented filers must file in person or by certified mail. The eFlex electronic filing system is restricted to licensed attorneys.

Serving the Defendant

You can't hand the papers to the defendant yourself. Three authorized methods:

1. Spartanburg County Sheriff — Clerk sends your paperwork to the sheriff's department. This tolls the statute of limitations for up to 120 days.
2. Certified mail — USPS Certified Mail, Return Receipt Requested, Restricted Delivery. Service is complete when the defendant signs the receipt card. "Unclaimed" returns mean service failed.
3. Private process server — Any uninvolved person age 18 or older.

The defendant has 30 calendar days from service to file a written answer. Missing the deadline opens the path to a default judgment.

What Happens at the Hearing

After both sides file their papers, the magistrate court schedules a hearing:

• Both parties present evidence and testimony to the magistrate judge
• Witnesses must testify in person — written statements are generally inadmissible hearsay
• Bring organized copies of every supporting document
• Either party can request a jury trial in writing at least 5 business days before the hearing

The magistrate usually announces the decision at the hearing. If you win and the defendant doesn't pay, your collection tools include bank levies and property liens. Wage garnishment is not available for most consumer civil debts in South Carolina (S.C. Code § 15-39-410).

Either party can appeal within 30 days by filing Form SCCA/720 with the Court of Common Pleas ($150 fee).

The South Carolina Small Claims Filing Guide covers the entire process from demand letter through collecting the judgment, with forms references and deadline checklists specific to SC magistrate procedure.

See more South Carolina guides →